COUNCIL REJECTS PLAN TO SETTLE LAWYER LAWSUIT

LAUDERHILL -- A majority of the City Council has decided to continue defending the city against a lawsuit filed by former City Attorney Anthony Titone.

A proposed settlement with Titone failed by a 3-2 vote on Monday night.

Many of the arguments that previously have been made for or against proposed settlements with Titone resurfaced at Monday's council meeting.

Council newcomer Robert Lettman, adding his own legal interpretation of the issue, contributed to the majority council opinion against the settlement.

The settlement would have reinstated Titone and given him $10,000 in back pay. It also outlined a procedure for the council to fire him again, if the council so chose.

Lettman, who was sworn into office before Monday's meeting, called the Titone settlement unacceptable because Titone proposed a method by which he could be fired again that differs with the city charter.

Titone was fired last year by the council after he was accused of giving conflicting legal opinions and of being disrespectful to council members. He is suing the city because he says the council violated his constitutional right to due process and illegally fired him.

The council approved a $40,000 settlement with Titone last month by a 3-2 vote, but Mayor David Kaminsky vetoed the measure, calling it fiscally irresponsible.

Council member Ben Dantzker sponsored the resolution for the settlement. Council member Howard Berger joined him in supporting the resolution.

Numerous residents also stood up on Monday night to speak for or against the settlement.

"Whether you like it or not, the law is on the side of Mr. Titone," said Miriam Katz, a member of the Concerned Citizens of Lauderhill.

On the other side, Celig Marco said, "You have a good case and you can win that case."

Eugene Cipolloni, a former mayor who hired Titone 11 years ago, said he had hoped the issue would have been settled by now. Cipolloni said Titone told him when he was hired that he would walk away if the time came when he and the council could not get along.

In other business, acting Council President John Mullin withdrew a resolution from the agenda appointing Frank Roberts to the Code Enforcement Board.

Mullin said on Tuesday he withdrew the resolution "to keep the peace." He said he was told numerous residents planned to speak against Roberts' appointment and "I didn't want it to be a knock-down, drag-out fight."

Berger's appointment of Joshuah Shultz for another three-year term on the Code Enforcement Board passed as a consent item on the agenda with no discusssion.